Combined Sewer Overflow Control Act

Combined Sewer Overflow Control Act - Amends the Federal Water Pollution Control Act to make combined sewer overflow (CSO) (defined as the discharge of untreated sanitary wastes and stormwater from combined stormwater and sanitary sewers) unlawful, except in accordance with the requirements of this Act.

Requires any person owning or operating a combined stormwater and sanitary sewer from which there is CSO to notify the Administrator of the Environmental Protection Agency or the State of the CSO.

Directs the Administrator to issue any such person a permit authorizing such CSO which: (1) prohibits dry water overflow; (2) requires the permittee to implement technically sound operation and maintenance practices for its sewer system designed to minimize CSO and to maximize the use of its facilities to minimize CSO; and (3) implements the study and plan required by this Act to the extent such study and plan has not been previously implemented. Provides that permits authorizing CSO issued prior to the enactment of this Act shall remain in effect until reissued or modified in accordance with this Act.

Requires: (1) any such person to file with the Administrator a complete (phase II) permit application not later than 12 months after the effective date of the regulations required by this Act or two years after the effective date of this Act, whichever occurs last (deadline); and (2) the Administrator, within 12 months after the receipt of such application, to issue a permit to the applicant authorizing the CSO.

Mandates that: (1) each such person complete a study and evaluation of its combined sewer system and CSO and prepare a CSO control plan by the deadline; and (2) the Administrator, within two years, establish regulations setting forth the phase II permit requirements for CSO.

Sets forth additional requirements with respect to: (1) regulation contents; (2) technology-based controls; and (3) water quality-based controls.

Directs the Administrator to: (1) establish, within six months, a technological clearinghouse disseminating information on controlling CSO available to States and local governments; and (2) report to the Congress, within two years, with a list of CSO outfalls, the nature and location of such outfalls, and the estimated Federal share of such costs.

Requires that, whenever a State reviews water quality standards, it revises and adopts standards for those waters receiving storm sewer discharges and CSO overflow during wet weather conditions.

Authorizes appropriations.

Directs the Administrator to: (1) fund that portion of the cost of CSO controls beyond the financial capability of local governments upon the request of the Governor of the State in which the local government is located, subject to specified requirements; (2) set regulatory guidelines to be used by individual local governments with respect to CSO control costs; and (3) establish priorities for individual CSO control projects to be funded.

 
HR 3477 IH
102d CONGRESS
1st Session
 H. R. 3477
To amend the Federal Water Pollution Control Act to establish a program to
regulate combined sewer overflows, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
October 2, 1991
Mr. OLIN (for himself, Mr. PAYNE of Virginia, Mr. PICKETT, Mr. WOLF,
Mr. SISISKY, Mr. BOUCHER, Mr. BLILEY, Mr. JOHNSON of South Dakota,
Mrs. LLOYD, Mr. TRAFICANT, Ms. KAPTUR, Mr. MORAN, Mr. WALSH, Mr. DEFAZIO,
Mr. SLAUGHTER of Virginia, Mr. CAMP, Mr. MACHTLEY, Mr. MURPHY, Mr. BATEMAN,
Mr. MARTIN, Mr. JONTZ, Mr. MATSUI, Mr. REGULA, Ms. LONG, Mr. RAY, Ms. SNOWE,
Mr. BROOMFIELD, Mr. SWIFT, Mr. HENRY, Mrs. ROUKEMA, Mr. SABO, and Mr. DWYER
of New Jersey) introduced the following bill; which was referred to the
Committee on Public Works and Transportation
A BILL
To amend the Federal Water Pollution Control Act to establish a program to
regulate combined sewer overflows, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be referred to as the `Combined Sewer Overflow Control Act'.
SEC. 2. FINDINGS.
  The Congress finds that--
  (1) combined sewer overflows are discharges from combined stormwater sewers
  and sanitary sewers, and that combined sewer overflows exist in hundreds
  of localities throughout the United States--principally in older urban
  localities that constructed their sewer systems long before the advent of
  wastewater treatment technology;
  (2) uncontrolled, combined sewer overflows can result in the degradation
  of the quality of the receiving waters;
  (3) it is essential that combined sewer overflows be controlled where they
  pose a threat to public health and the environment;
  (4) the total cost of controlling combined sewer overflows to comply with
  the current technology-based and water quality-based requirements of the
  Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) through sewer
  separation or the construction of conveyance and treatment technologies
  is in the many billions of dollars nationwide and beyond the financial
  capability of virtually every local government with a significant combined
  sewer overflow problem;
  (5) the nature and extent of the combined sewer overflow problem, as
  well as the effectiveness of combined sewer overflow control methods and
  technologies, is site-specific, and varies among localities based upon
  such factors as population size and density, topography, geology, land
  use, geography, climate, system design, sanitary flow characteristics,
  and receiving waters;
  (6) the design of effective combined sewer overflow controls cannot be
  generalized, but is complex and must be based on site-specific studies of
  the sewer system, the receiving waters and other factors; and
  (7) given the magnitude of the cost of combined sewer overflow control,
  and the complex and site-specific nature of the combined sewer overflow
  problem and combined sewer overflow controls, it is essential that combined
  sewer overflow controls be cost-effective, that there be flexibility with
  respect to data collection and monitoring requirements, the types of controls
  required of each local government and the time frames for implementation
  of those controls, and that there be a partnership between Federal, State,
  and local governments to fund the cost of combined sewer overflow controls.
SEC. 3. REGULATION OF COMBINED SEWER OVERFLOWS.
  Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342;
  relating to the issuance of permits for the discharge of pollutants into
  waters) is amended by adding at the end the following new subsection:
  `(q) COMBINED SEWER OVERFLOW-
  `(1) DEFINITIONS- For purposes of this subsection--
  `(A) the term `combined sewer overflow' means the discharge of untreated
  sanitary wastes (including industrial wastes and other wastes conveyed
  through a sanitary sewer system) and stormwater from combined stormwater
  and sanitary sewers;
  `(B) the term `discharge' shall have the same definition as in section
  502(16) of this Act; and
  `(C) the term `dry weather overflow' means the discharge of untreated
  sanitary wastes (including industrial wastes and other wastes conveyed
  through a sanitary sewer system) from combined stormwater sewers and
  sanitary sewers where the discharge is not caused by stormwater runoff or
  stormwater induced infiltration into the combined sewer system.
  `(2) GENERAL PROHIBITION- Combined sewer overflow shall be unlawful except
  in accordance with the requirements of this subsection (q).
  `(3) NOTIFICATION AND PERMIT REQUIREMENTS-
  `(A) NOTIFICATION- Not later than 3 months after the date of the enactment
  of this subsection, any person owning or operating a combined stormwater
  and sanitary sewer from which there is combined sewer overflow shall notify
  the Administrator or the State (in the case of a permit program approved
  under this section) of the combined sewer overflow. Said notification
  shall describe the number, location, and general characteristics of the
  overflow point or points, and shall state whether dry weather overflow
  occurs at one or more points in the combined sewer system.
  `(B) PHASE I PERMITS- Not later than 6 months after the date of the
  enactment of this subsection, the Administrator or the State (in the case
  of a permit program approved under this section) shall issue to any person
  owning or operating a combined stormwater and sanitary sewer from which
  there is combined sewer overflow a permit authorizing such combined sewer
  overflow. Such permit shall--
  `(i) prohibit dry weather overflow;
  `(ii) require the permittee to implement technically sound operation and
  maintenance practices for its sewer system designed to minimize combined
  sewer overflow;
  `(iii) require the permittee to maximize the use of its existing facilities
  to minimize combined sewer overflow; and
  `(iv) implement the study and plan required by paragraph (4) of this
  subsection in accordance with the requirements of that paragraph to the
  extent such study and plan has not been previously implemented.
Permits authorizing combined sewer overflow issued prior to the date of
the enactment of this subsection shall remain in effect until reissued or
modified in accordance with this subparagraph.
  `(C) PHASE II PERMITS- Any person owning or operating a combined stormwater
  and sanitary sewer from which there is combined sewer overflow shall file
  with the Administrator or the State (in the case of a permit program approved
  under this section) a complete permit application not later than 12 months
  after the effective date of the regulations required by paragraph (5) of
  this subsection or not later than 2 years after the effective date of this
  subsection, whichever shall last occur. Not later than 12 months after the
  receipt of an application required by this subparagraph, the Administrator or
  the State (in the case of a permit program approved under this section) shall
  issue a permit to the applicant authorizing the combined sewer overflow.
  `(4) PLAN REQUIREMENT- Not later than 12 months after the effective date
  of the regulations required by paragraph (5) of this subsection or not
  later than 2 years after the effective date of this subsection, whichever
  shall last occur, each person owning or operating a combined stormwater or
  sanitary sewer from which there is combined sewer overflow shall complete
  a study and evaluation of its combined sewer system and combined sewer
  overflow and prepare a combined sewer overflow control plan. Such plan
  shall be submitted with and be a part of the permit application required by
  subparagraph (C) of paragraph (3) of this subsection. Such study and plan
  shall, at a minimum, identify, describe, and characterize the combined sewer
  overflow; describe and evaluate the range of technically feasible combined
  sewer overflow controls that could reasonably be applied to the combined
  sewer overflow considering site-specific conditions; identify, describe, and
  evaluate the relative costs and benefits of such alternative controls, and
  the predicted relative receiving water quality impacts of such alternative
  controls; describe the recommended combined sewer overflow controls, and
  contain a proposed schedule for implementing such controls consistent with
  the local government's financial capability to finance implementation of the
  plan with local funds as well as with Federal and State grant funding. The
  range of controls described and evaluated in the plan shall, at a minimum,
  include the technology-based controls identified in paragraph (7) of this
  subsection. The study and plan shall also contain an analysis of the cost
  of the recommended controls, the funding alternatives, and the owner or
  operator's financial capability to implement the recommended combined
  sewer overflow controls over the period of the proposed implementation
  schedule. Plans prepared prior to the effective date of this subsection,
  and meeting the minimum plan requirements herein, shall satisfy the
  requirements of this paragraph.
  `(5) PERMIT REGULATIONS- Not later than 2 years after the date of the
  enactment of this subsection, the Administrator, in consultation with
  State and local officials, shall establish regulations setting forth the
  phase II permit requirements for combined sewer overflow.
  `(6) REGULATION CONTENTS- In establishing the regulations required by
  paragraph (5) of this subsection, the Administrator shall provide for
  the following:
  `(A) Application forms and application requirements that take into account
  the need for flexibility based on--
  `(i) the site-specific nature of combined sewer overflow and the differences
  among localities based upon such factors as population size and density,
  topography, geology, land use, geography, climate, system design, sanitary
  flow characteristics, receiving water characteristics, designated uses of
  the receiving waters, and the impacts of the combined sewer overflow on
  receiving water uses; and
  `(ii) the difficulty and expense of data collection because of the number of
  combined sewer overflow outfalls, the intermittent nature of combined sewer
  overflow, the locations of individual combined sewer overflow outfalls,
  and the difficulty in gaining access to such outfalls.
  `(B) Permit conditions and requirements that provide for the case-by-case,
  site-specific application of the technology-based and water quality-based
  controls identified in paragraphs (7) and (8) of this subsection. Said
  permit conditions and requirements shall provide for implementation of
  the recommended controls in the plan required by paragraph (4) of this
  subsection in accordance with the plan's recommended schedule unless such
  recommended controls or schedule are found to be inconsistent with the
  requirements of this subsection.
  `(C) Data and monitoring requirements that are cost-effective and use
  proven statistical sampling methods, that minimize sampling through the
  use of representative data collection, and avoid, wherever possible,
  sampling each combined sewer overflow outfall.
  `(D) Avoidance of data collection and monitoring requirements where not
  needed in the selection and implementation of a combined sewer overflow
  control plan.
  `(E) The use of system-wide permit applications and permits, wherever
  possible, in lieu of applications, forms, and permits for individual
  combined sewer overflow outfalls.
  `(7) TECHNOLOGY-BASED CONTROLS-
  `(A) Permits issued pursuant to subparagraph (C) of paragraph (3) of this
  subsection may require implementation of the following minimum controls,
  applied on a case-by-case basis, taking into account site-specific factors:
  `(i) Proper operation and regular maintenance programs for the sewer system
  and the combined sewer overflow outfalls.
  `(ii) Maximum use of existing facilities.
  `(iii) Review and modification of pretreatment programs to assure that
  combined sewer overflow impacts are minimized: Provided, however, That
  neither the Administrator nor the State shall require pretreaters to
  meet limitations that would require capital expenditures that would not
  otherwise be required by pretreatment requirements imposed pursuant to
  section 307(b) of this Act. The foregoing shall not limit or in any way
  affect the authority of the local government to impose such pretreatment
  requirements as it deems appropriate.
  `(iv) Prohibition of dry weather overflow.
  `(B) In addition to the minimum technology-based controls specified in
  subparagraph (A) of paragraph (7) of this subsection, permits issued pursuant
  to subparagraph (C) of paragraph (3) of this subsection may also require one
  or more of the following technology-based controls applied on a case-by-case
  basis, provided these controls are shown to be cost-effective. Such
  requirements shall be implemented as expeditiously as practicable taking
  into account (i) the ability of the owner or operator of the combined
  sewer overflow to finance the improvements without sacrificing essential
  governmental services and maintenance of its existing infrastructure,
  and (ii) the availability of Federal or State grant funding for the
  controls. Such controls may include, but not be limited to, one or more
  of the following:
  `(I) Improved operation and maintenance.
  `(II) Best management practices, including water conservation.
  `(III) System-wide stormwater management programs.
  `(IV) Pretreatment program modifications: Provided, however, That neither
  the Administrator nor the State shall require pretreaters to meet limitations
  that would require capital expenditures that would not otherwise be required
  by pretreatment requirements imposed pursuant to section 307(b) of this
  Act. The foregoing shall not limit or in any way affect the authority
  of the local government to impose such pretreatment requirements as it
  deems appropriate.
  `(V) Flow minimization and hydraulic improvements.
  `(VI) Direct treatment of combined sewer overflow.
  `(VII) Sewer rehabilitation.
  `(VIII) In-line and off-line storage.
  `(IX) Reduction of tidewater intrusion.
  `(X) Construction of combined sewer overflow controls within the sewer
  system or at the combined sewer overflow outfalls.
  `(XI) Sewer separation.
  `(XII) New or modified wastewater treatment facilities.
  `(XIII) Control of debris and floating materials.
  `(8) WATER QUALITY-BASED CONTROLS-
  `(A) Subject to the provisions of subparagraph (B) of this paragraph, in
  addition to the technology-based controls specified in paragraph (7) of this
  subsection, all permits issued pursuant to subparagraph (C) of paragraph
  (3) of this subsection shall require compliance with any applicable water
  quality standard established pursuant to this Act. Compliance with any
  such standard shall be achieved as expeditiously as practicable taking
  into account (i) the ability of the owner or operator of the combined
  sewer overflow to finance the improvements without sacrificing essential
  governmental services and maintenance of its existing infrastructure, and
  (ii) the availability of Federal or State grant funding for the controls.
  `(B) A variance may be granted to the application of any water quality
  standard to one or more combined sewer overflow outfalls where it is
  demonstrated that there is no reasonable relationship between the economic
  and social costs and the benefits to be obtained from compliance with
  such standard.
  `(9) TECHNOLOGICAL CLEARINGHOUSE- Not later than 6 months after the date
  of the enactment of this subsection, the Administrator shall establish a
  technological clearinghouse which shall make available to States and local
  governments information on controlling combined sewer overflow.
  `(10) COMBINED SEWER OVERFLOW INVENTORY- For purposes of establishing
  grant funding levels beyond the 2-year period provided for in section 5 of
  this Act, the Administrator, based on information provided by the States
  and local governments, shall transmit to Congress a report containing a
  list of combined sewer overflow outfalls, including the location of such
  outfalls, the nature of the discharges from such outfalls, the estimated
  costs of controlling the discharges from such outfalls pursuant to this
  subsection, and the estimated Federal share of such costs pursuant to the
  formula in section 5 of this Act. The report required by this paragraph
  shall be transmitted to Congress not later than 2 years after the date of
  the enactment of this subsection.'.
SEC. 4. WET WEATHER STANDARDS.
  Section 303 of the Federal Water Pollution Control Act (33 U.S.C. 1313;
  relating to water quality standards and implementation plans) is amended by
  adding after subsection (c)(2)(B) the following new subparagraph relating
  to wet weather standards:
  `(C) Whenever a State reviews water quality standards pursuant to paragraph
  (1) of this subsection, or revises or adopts new standards pursuant to
  paragraph (2) of this subsection, such State shall revise and adopt, as
  appropriate, standards for those waters receiving storm sewer discharges
  and combined sewer overflow during wet weather conditions. Such wet
  weather standards shall provide for the protection of beneficial uses of
  the receiving waters taking into account the additional flows projected
  to occur in the receiving waters during periods of wet weather, and the
  intermittent nature of combined sewer overflow and storm sewer discharges.'.
SEC. 5. GRANTS FOR CONTROL OF COMBINED SEWER OVERFLOWS.
  Paragraph (2) of subsection (n) of section 201 of the Federal Water
  Pollution Control Act (33 U.S.C. 1281(a)(2); relating to the issuance
  of grants to address combined sewer overflow) is amended by striking the
  entire paragraph and inserting in its place the following:
  `(2) The following sums are authorized to be appropriated in addition to
  those funds authorized in section 207 of the Act, and shall be authorized
  until expended:
  `(A) Fiscal year 1992, $500,000,000; and
  `(B) Fiscal year 1993, $500,000,000.
Such sums are to be utilized to implement cost-effective controls to address
adverse water quality impacts from combined sewer overflow from combined
stormwater and sanitary sewers owned or operated by local governments where
the local government requesting the grant has demonstrated in accordance
with the criteria in paragraphs (3) and (4) of this subsection that it has
committed local resources to control combined sewer overflow to the limit
of its financial capability. Such sums shall be used by the Administrator
to fund that portion of the cost of combined sewer overflow controls beyond
the financial capability of the local government (less any State grant funds)
upon the request of and demonstration of water quality benefits and financial
limitations by the Governor of the State in which the local government is
located. Financial commitments to control combined sewer overflow made by a
local government prior to the date of the enactment of this paragraph shall
be given full credit in such demonstration.
  `(3) That portion of combined sewer overflow control costs that would not
  result in local expenditures exceeding 1 percent of the median household
  income of residents served by the local government for all costs associated
  with wastewater and stormwater shall be deemed not to be beyond the local
  government's financial capability. That portion of combined sewer overflow
  control costs that would result in local expenditures exceeding 2 percent
  of the median household income of residents served by the local government
  for all costs associated with wastewater and stormwater shall be deemed
  to be beyond the local government's financial capability. Not later than 1
  year after the date of the enactment of this paragraph, the Administrator
  shall establish regulations implementing this paragraph. Said regulations
  shall establish appropriate inflation factors to be used in determining
  the costs of combined sewer overflow controls and median household income.
  `(4) Not later than 1 year after the date of the enactment of this paragraph,
  the Administrator, in consultation with State and local officials, shall
  establish regulations setting forth guidelines to be used by individual
  local governments whose combined sewer overflow control costs are in excess
  of 1 percent of the median household income of their residents pursuant
  to paragraph (3) of this subsection for the purpose of determining that
  portion of their combined sewer overflow control costs between 1 percent
  and 2 percent of median household income that is beyond their financial
  capability. In establishing the regulations required by this paragraph,
  the Administrator shall take into consideration the following factors as
  they relate to individual local governments:
  `(A) Bond rating, all outstanding debt, demographics, population,
  employment, income and distribution of income, surplus, property tax
  revenue as a percent of full market value of real property, overall net
  debt as a percent of full market value, overall net debt as a percent of
  personal income, direct net debt per capita, overall net debt per capita,
  operating ratio, coverage ratio, total debt payment as a percent of revenue.
  `(B) The trends of the factors in subparagraph (A) of this paragraph
  considered as a whole and the secondary financial impacts of all
  water-related environmental costs, including, but not limited to, impact
  on the local government's ability to fund other environmental programs,
  impact on the local government's ability to fund other local programs,
  impact on the local government's ability to maintain local infrastructure,
  impact on the local government's competitive employment position, and
  impact on the local government's economic development and stability.
  `(C) Consideration of the local government's total financial commitment to
  water-related environmental programs, present and future environmental and
  infrastructure costs, the cost-effectiveness and priority of individual
  environmental projects and the total environmental and infrastructure
  cost burden.
  `(5) Grants pursuant to paragraph (2) of this subsection shall be made only
  for that portion of combined sewer overflow control costs determined to be
  beyond a local government's financial capability pursuant to the criteria
  in paragraphs (3) and (4) of this subsection. The amount of State grant
  funding provided to the local government pursuant to paragraph (6) of this
  subsection shall be subtracted from the amount eligible for Federal grant
  funding pursuant to this subsection.
  `(6) Grants pursuant to paragraph (2) of this subsection shall be made
  only to those local governments whose States have committed grant funds to
  underwrite the cost of combined sewer overflow controls in an amount no less
  than 20 percent of the amount of their individual combined sewer overflow
  control costs eligible for Federal grant funding pursuant to paragraphs
  (3) and (4) of this subsection. State grant fund commitments to control
  combined sewer overflow made prior to the enactment of paragraph (2) of
  this subsection shall be given full credit in determining the amount of
  the State grant fund commitment.
  `(7) Sums authorized to be appropriated pursuant to paragraph (2) of this
  subsection for the fiscal years during the period beginning October 1,
  1991, and ending September 30, 1993, shall be allotted to the States
  for each such year by the Administrator not later than the January 1st
  immediately preceding the beginning of the fiscal year for which authorized,
  except that the allotment for fiscal year 1992 shall be made not later
  than 120 days following the date of the enactment of paragraph (2) of
  this subsection. In making allotments, the Administrator shall establish
  priorities for the individual combined sewer overflow control projects to
  be funded. Allotments and priorities for each fiscal year shall be made in
  the discretion of the Administrator using the information provided by the
  States pursuant to paragraph (8) of this subsection based on the population
  served by individual combined stormwater and sanitary sewer systems and
  the extent of the water quality benefit from the combined sewer overflow
  controls to be funded.
  `(8) To assist the Administrator in allotting sums and priorizing control
  projects pursuant to paragraph (7) of this subsection, each State shall
  submit to the Administrator not later than November 1st immediately
  preceding the beginning of the fiscal year for which authorized a list
  of its local governments eligible for grant funding pursuant to paragraph
  (2) of this subsection, a detailed description of the local government's
  combined sewer overflow control plan and the water quality benefits
  projected from complete implementation of the plan, and the amount of
  Federal grant funding sought by the local government. The State list for
  fiscal year 1992 shall be submitted not later than 60 days following the
  date of the enactment of paragraph (2) of this subsection.
  `(9) Not later than 1 year after the date of the enactment of this
  subsection, the Administrator shall promulgate regulations implementing
  paragraphs (7) and (8) of this subsection.'.